Workplace Safety and Health
For over three decades, we have represented clients regulated under the Mine Safety and Health Act (MSHA). Our clients in this specialized area include large and small mining companies, industry trade associations, synfuel plants, coal consumers, and company officials subject to personal liability. We have represented mining industry clients in counseling and litigation in every conceivable problem area, including:
- Mine disasters and subsequent investigations and congressional hearings, civil and criminal investigations and enforcement, miner compensation claims, mine and workplace inspections, petitions for modification, labor relations and discrimination proceedings, and Equal Access to Justice Act claims for attorney fees.
- MSHA jurisdictional issues and rulemakings.
- Safety and health audits and training.
We have also served non-mining industry clients under the Occupational Safety and Health Act, including representing clients before the Occupational Safety and Health Administration (OSHA) to develop and revise workplace safety standards and counseling clients on the applicability of the OSHA asbestos standard for construction and redevelopment projects.
Our experience in this area is highlighted by our representation of industry in two of the largest safety and health cases: Secretary of Labor v. Keystone Coal Mining Corp., 151 F.3d 1096 (D.C. Cir. 1998), vacating over 3,500 civil citations alleging tampering with coal dust compliance samples, and AFL-CIO v. OSHA, 965 F.2d 962 (11th Cir. 1992), vacating 428 OSHA permissible exposure limits.